Are you looking for family law lawyers in Halifax? The Family Law Act is being challenged by a mother claiming that it is discriminatory towards adult children with disabilities.

The mother, Robyn Coates, started a claim in November against the father of her son for child support. Her son has DiGeorge syndrome, a disorder that causes heart defects, poor immune system function, delayed development, and behavioural and emotional problems.

He is unable to withdraw from her care and she needs assistance to pay for his programs and activities.

The case turns on the fact that Ms. Coates was never married to the father of her son. It’s about whether the parties married will establish which legislation will be used to determine eligibility for child support.  If they had been married, the claim would have fallen under the Divorce Act.

As they did not get married the issue falls under the Family Property Act instead. Pursuant to the Divorce Act, child support is owed for a child over the age of 18 if the child is unable to withdraw from their parent’s care because of illness, disability or some other cause (often due to post-secondary education.)

High-Profile Nova Scotia Family Law Cases

Nova Scotia has seen its fair share of high-profile divorces, with two cases garnering considerable media attention in recent years. The separation of Darrell Dexter, former Premier of the province, and his wife Kelly Wilson, was a notable event in the region’s history.

The couple had been married since 1986 and had two children together before announcing their separation in 2014. The settlement details were not disclosed publicly, but the divorce remained a topic of interest for many.

The media frenzy surrounding the separation of Dexter and Wilson was not surprising, given Dexter’s prominence as a politician in the province.

News outlets reported the event in detail, with concerns raised about the impact it would have on Dexter’s career. Despite the divorce, Dexter continued his involvement in politics, eventually transitioning to a professorship at Dalhousie University.

The divorce of Mike Comrie and Hilary Duff, a prominent actress and former NHL player, was another high-profile case that received much media attention in Nova Scotia.

The couple was married in 2010 and had a child together before their separation in 2014. The divorce was finalized in 2016, and the details of the settlement were not disclosed publicly.

Family Law Lawyers Halifax

The Comrie-Duff divorce was the focus of widespread speculation, with many wondering about the cause of the separation. The couple’s demanding careers were cited as one of the primary reasons behind their split, with observers highlighting the challenges of balancing personal and professional commitments in a high-profile setting.

These two high-profile divorces underscore the reality that even those in the public eye face challenges when it comes to relationships.

The pressures of managing a demanding career while navigating personal relationships can be intense, leading to difficult decisions and public scrutiny. However, these cases also highlight the resilience of individuals in the face of adversity and their ability to move forward in a positive direction.

Nova Scotia Dispute Resolution Locations

• Halifax
• Sydney
• Truro

The Family Law Act limits eligibility for child support to children who are minors. This also applies to those over the age of 18 and enrolled in school.  It does not provide for children who are over 18 but are unable to withdraw from parental care due to illness or disability.

Therefore, children of unmarried parents in Nova Scotia who are over the age of 18 and unable to withdraw from parental care due to illness or disability, are not eligible for child support.

Ms. Coates is claiming that the effect of the tighter limitations in the Family Law Act regarding eligibility for child support is discriminatory towards children like her son. Further, her son is unable to attend school and also unable to withdraw from parental care.

As part of her claim, Ms. Coates references that the family law legislation in almost every other province mirrors the Divorce Act. She articulates that adult children with disabilities, unable to withdraw from parental care, are eligible for child support.

The only two provinces where children with disabilities are not eligible for support are Ontario and Alberta.

Reasons Why Someone Hires A Halifax Law Firm

• Want to move on with their lives
• Want to protect their assets (e.g. real estate, investments, pets, air miles, retirement funds, vehicles, etc.)
• Reduce frustration
• Keeping their kids
• Reinforcing an Agreement
• They may come to us with an agreement that was already been made. However, their spouses aren’t honouring the agreement (child and spousal support)
• Finding a remedy
• Get help with mediating an agreement
• Feel supported – we’re their confidante – counselling them through the best next steps
• Reach the best outcome while only spending $1000-2000 on legal fees
• People more often want to get through the whole process as quickly and least messy as possible

The outcome of the case will certainly have an effect on child support eligibility. This would be for children over the age of 18 and we will be watching for the result.

If you have questions about child support for children over the age of 18 in Nova Scotia, make sure to speak to a lawyer in Halifax.

Family Law Lawyers Halifax Things To Look For

• Quick outcome
• Clean process
• Easy to work with. Also, the lawyer provides simplified info
• Spend less time in court
• Give me a voice. Fight for me and make me feel safe
• The outcome that they are satisfied with and that they can live with
• People want to be kept in the loop about the process and progress
• They want reassurance
• Women who were used to being in the submissive role or abused. They are reassured by having a strong male figure defending them. The lawyer fights for them and gives them a voice.
• What’s best for their kids? So, the kids aren’t suffering. That said, many couples use the kids as pawns to make their spouses suffer
• Some want to represent themselves – want coaching and support to do so more effectively.

If you need family law lawyers in Halifax, fill out the form on the side of this page.

Author: Alistair Vigier is the CEO of ClearWay Law